Family Court Rules: Wife Who Leaves Husband is Ineligible for Maintenance

In a significant ruling, the Family Court of Jabalpur district in Madhya Pradesh, under Chief Justice K N Singh, has declared that a wife who chooses not to reside with her husband is not entitled to maintenance.

The decision came in response to an application filed by Jabalpur resident Sachin Tantuvay, represented by advocates GS Thakur and Arun Kumar Bhagat.

The Case Details:

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Kumar (Name Changed), the Applicant, argued that his wife left their marital home and moved to her maternal residence on December 15, 2020. Subsequently, she filed for maintenance after receiving notice from her husband.

Furthermore, the wife lodged a dowry harassment case against Kumar and filed a complaint regarding the dishonour of a check worth Rs 12 lakh.

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During court proceedings, the wife expressed her reluctance to reconcile with her husband. Based on the arguments presented and legal precedents cited, the court dismissed the wife’s application for maintenance.

This ruling establishes a precedent regarding the eligibility for maintenance in cases where the wife chooses to leave her husband, marking a significant decision in family court jurisprudence.

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